In the media
NSW Budget supports child victims, invests in courts and
fights corruption
The 2019-20 NSW Budget will deliver the world's first
residential trauma centre for children impacted by homicide, a new
unit to prosecute public officials engaging in misconduct and the
largest ever upgrade of Queanbeyan Courthouse (18 June 2019).
More...
New Commissioner of Victims Rights in NSW
The Secretary of Family and Community Services and Justice
Michael Coutts-Trotter has appointed the former Chief of Staff at
the Department of Justice, Michelle Vaughan, as the new
Commissioner of Victims Rights. Ms Vaughan will begin her new role
on 1 July 2019 (15 June 2019).
More...
OAIC: Lessons learned during first 12 months of
Notifiable Data Breaches scheme
Data breaches involving personal information may be
prevented through effective training and enhanced systems, analysis
of the first 12 months of mandatory notifications reveals (13 June
2019).
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In practice and courts
AAT fee increase on 1 July 2019
Annual Federal Courts and Tribunals Fee Increases from 1
July 2019. More...
High Court of Australia
High Court of Australia Bulletin [2019] HCAB 4 (30 May
2019)
ICAC: Operation Ember public inquiry continues 21
June
The NSW Independent Commission Against Corruption's
Operation Ember public inquiry will continue on Friday 21 June
2019.
More...
ICAC: The regulation of lobbying access and influence in
NSW
Consultation paper and submissions in response (12 June
2019).
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Decisions of interest
June 17 2019 - The NSW Court of Appeal has just published
its latest Decisions of Interest Bulletin on the Court of Appeal
website.
More...
Costs Disputes - Amendment of the Legal Profession
Uniform General Rules 2015
On 1 July 2019 the Legal
Profession Uniform General Amendment (Indexation) Rule [2019]
will commence. It adds rule 111A to the Legal Profession Uniform
General Rules [2015].
More...
Review of the Civil and
Administrative Tribunal Act 2013
The Department of Justice is conducting a review of the Civil
and Administrative Tribunal Act 2013 (NSW) to determine
whether the policy objectives of the Act remain valid and whether
the terms of the Act remain appropriate for securing those
objectives. Submissions to the review close on 10 July 2019.
More...
NSW LRC: Open Justice Review - Court and tribunal
information: access, disclosure and publication
The Attorney General has asked to review the operation of
suppression and non-publication orders and access to information in
NSW courts and tribunals. See the
Terms of reference. Information about making a submission may
be found
here.
Published – articles, papers, reports
Digital news report: Australia 2019
Caroline Fisher, et al; News and Media Research Centre
(UC): 12 June 2019
On the negative side, the number of Australians with high interest
in news has fallen, news avoidance has risen, and many Australians
think the news is often too negative and not that relevant to their
lives. More...
Regulatory dark matter: how unaccountable regulators
subvert democracy by imposing red tape without transparency
Kurt Wallace; Institute of Public Affairs: 11 June
2019
This category of red tape is described as 'regulatory dark
matter,' which refers to publications by government agencies
that seek to influence the behaviour of regulated actors (such as
businesses), but lack adequate democratic oversight. More...
Cases
Shenhua Watermark Coal Pty Limited v Department of
Planning and Environment [2019] NSWCATAD
119
ADMINISTRATIVE LAW – administrative review -
Government Information – third party consultation - public
interest considerations against disclosure – whether
information provided in confidence – whether disclosure could
reasonably be expected to diminish competitive commercial value of
information – whether disclosure could prejudice business and
commercial interests – onus on third party applicant to
establish an overriding public interest against disclosure –
onus not discharged
Two Cubed Pty Ltd v Secretary of the Department of
Education NSW [2019] NSWCATAD
122
ADMINISTRATIVE LAW- Education and Care Services National
Law – review of a decision refusing provider approval under
section 15(2) of the National Law – whether a fit and proper
person - Objects and Principles of National Law – Children
– Childcare Services – Administrative review
jurisdiction – correct and preferable decision - whether the
Tribunal should uphold the decision or substitute decision.
Nolan v Commissioner of Police, NSW Police
Force [2019] NSWCATAD
120
ADMINISTRATIVE LAW - GIPA Act – Government
Information – whether information held by the agency –
whether in possession or control – capacity as an officer or
member of staff of an agency – obligation to undertake
reasonable searches
Seremetis v NSW Department of Justice
[2019] NSWCATAD 118
ADMINISTRATIVE LAW – Government Information –
CCTV footage of interior of correction centre - public interests
against disclosure of the information in the way requested
Rivero v Commissioner of Police, NSW Police
Force [2019] NSWCATAD
115
ADMINISTRATIVE LAW – Government Information –
audit report - personal information – access to information
about an individual by the individual - whether prejudice to an
agency's functions
Shehata v Department of Fair Trading; Visual Building
Constructions Pty Ltd v Department of Fair Trading
[2019] NSWCATAD 116
ADMINISTRATIVE Law – administrative review –
home building - fit and proper person -– weight of evidence
– adverse findings
Hollingsworth v Commissioner of Police, NSW Police Force [2019] NSWCATAD 114
ADMINISTRATIVE REVIEW – Government Information (Public Access) – application for review by person aggrieved by decision to refuse to release information – public interest considerations
Legislation
NSW
Regulations and other miscellaneous instruments
Photo
Card Amendment (Fees and Penalty Notice Offences) Regulation
2019 (2019-242) — published LW 14 June 2019
Bills introduced Government - Non-Government – 21
June 2019
Privacy and Personal Information Protection Amendment (Notification
of Serious Violations of Privacy by Public Sector Agencies) Bill
2019
Bills passed by both Houses of Parliament
Crimes (Administration of Sentences) Amendment (Inmate Behaviour)
Bill 2019
Bills assented to
Statute Law (Miscellaneous Provisions) Act
2019 No 1 — Assented to 17 June 2019
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.